Business Context and Reporting Period
This Form 6-K filing by James Hardie Industries N.V. (James Hardie) covers the month of February 2009, with the report dated February 5, 2009. The registrant is a foreign private issuer headquartered in Amsterdam, The Netherlands, and files annual reports on Form 20-F.
Financial Metrics
The filing text does not provide specific values for revenue, profit, cash flow, margins, debt, or liquidity. This report serves as a notification of a corporate governance event rather than a financial results announcement.
Material Changes
The primary material change disclosed in this filing is the resignation of David Andrews from the James Hardie Board of Directors, as detailed in Exhibit 99.1.
Guidance, Outlook, and Risks
The filing includes a Safe Harbor Statement regarding forward-looking statements. Key risks and uncertainties identified include:
- Liabilities related to the prior manufacture of asbestos-containing products.
- Required contributions to the Asbestos Injuries Compensation Fund (AICF) and foreign exchange impacts on asbestos liabilities.
- Tax liabilities, audits, and proceedings.
- Legal proceedings brought by the Australian Securities and Investments Commission against the Company and former directors.
- Indemnification obligations and costs associated with plant suspensions or closures.
- General economic conditions, raw material costs, and competition.
Key Facts for Investor Verification
- Verify the effective date and circumstances of David Andrews' resignation from the Board.
- Review the Company's Form 20-F (filed July 8, 2008) for detailed risk factors regarding asbestos liabilities and legal proceedings.
- Monitor future filings for updates on the Asbestos Injuries Compensation Fund (AICF) payment expectations.
- Check for subsequent announcements regarding the appointment of a replacement board member.